§ 24-324. Violations.

The following enforcement actions shall be adhered to and made a part of this article:

(1)

Violations of this article shall be a misdemeanor punishable under the laws of the State of Florida.

(2)

The board may suspend the water, sewage or treatment service when such suspension is necessary, when, in the opinion of the board, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the board to violate any condition of its operating permit.

(3)

Any person notified of a suspension of the water, sewage, or treatment service shall immediately stop or eliminate the use of the board's facilities. In the event of a failure of the person to comply voluntarily with the suspension order, the board may immediately sever the sewer or water connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The board shall reinstate the water, sewage or treatment service upon proof of the elimination of the non-complying discharge, a verbal notice being required within 24 hours and a detailed written notice required within 72 hours. The written notice submitted by the user shall describe the causes of the harmful contributions and the measures taken to prevent any future occurrence.

(4)

Any user who violates the following conditions of this article, or applicable state or federal regulations, is subject to having his service revoked in accordance with the procedures of this article:

a.

Failure of a user to report factually the sewage constituents and characteristics of his discharge.

b.

Failure of the user to report significant changes in operations, or sewage constituents and characteristics.

c.

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.

d.

Violation of conditions of the service.

(5)

Whenever the board finds that any user has violated or is violating this article, or any prohibition, limitation of requirements contained herein, the board may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the board by the user.

(6)

At least annually, the board shall publish in the local newspapers a list of persons or industrial users which have been determined after hearing to be in significant non-compliance with applicable pretreatment requirements or convicted of violating this article at any time during the previous 12 months. Public notification shall be included in a newspaper(s) of general circulation within the jurisdiction served by the WWF. The term significant non-compliance shall be applicable to all significant industrial users (or any other industrial user that violates paragraphs c., d., and h. of this section) and shall mean:

a.

Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in section 24-102.

b.

Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by section 24-102 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

c.

Any other violation of a pretreatment standard or requirement as defined by section 24-102 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the director determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

d.

Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the director exercise of its emergency authority to halt or prevent such a discharge;

e.

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

f.

Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

g.

Failure to accurately report non-compliance; or

h.

Any other violation(s), which may include a violation of best management practices, which director determines will adversely affect the operation or implementation of the local pretreatment program.

(7)

In the event of violation of this article, the county health department or board's authorized employee may verbally instruct the owner as to the necessary corrective action. If the owner fails to carry out verbal instructions in a timely manner or if a serious violation or hazard to public health exists, the health officer or board's authorized employee, may issue to the owner a written order stating the nature of the violation, the corrective action and the time limit for completing the corrective action. This time limit will be not less than 24 hours or more than six months depending upon the type and severity of the violation. The offender shall within the period of time stated in such notice, permanently cease all violations. The record of the mailing of said notice or order shall be prima facie evidence thereof and failure of said owner or owners to receive same shall in no way affect the validity of any proceedings conducted pursuant to this article.

(8)

Any user who is found to have violated an order of the health officer or board's authorized employee or who willfully or negligently fails to comply with any provision of this article, and the orders, rules, regulations and permits issued hereunder, shall be punished in accordance with Florida Statutes. Each day on which a violation shall occur or continue, shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the board may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations and permits issued hereunder.

(9)

Any person who knowingly makes any false statements, representation or certification in any application, record, plan or other document filed or required to be maintained pursuant to this article, or who falsifies, tampers with, or knowingly renders inaccurate any meter or monitoring device or measurement method required under this article, shall, upon conviction, be punished in accordance with Florida Statutes.

(10)

A person violating any provision of this article authorizing the aforementioned action by the health officer or board's authorized employee shall be charged the normal and usual charges for discontinuance and disconnection of said water and sewer services and the usual charges for re-commencing said water and sewer services as specified in Appendix A.

( Ord. No. 16-16 , § 1, 9-6-16)